Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
PRADEEP KUMAR SRIVASTAVA
Ramendra Kishor Agarwal S/o Braj Mohan Lal Agrawal – Appellant
Versus
Rekha Jaiswal wife of Sri Om Prakash Jaiswal – Respondent
Order :
PRADEEP KUMAR SRIVASTAVA, J.
1. Heard Mr. K.K. Ambastha, learned counsel for the petitioners as well as Mr. Bhaiya Vishwajeet Kumar, learned counsel for the opposite party.
2. The instant civil revision is directed against judgment and decree dated 24.08.2011 (decree singed on 03.09.2011) passed by the Court of Sub-Judge-V, Hazaribagh in Eviction Suit No.11 of 1998 whereby and whereunder, the suit filed under Section 11 (1)(c) and (e) of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (hereinafter referred as 'The Act of 1982') has been decreed in favour of plaintiff and the defendant/petitioners have been directed to vacate the suit premises within one month from the date of order and to handover the vacant possession of the same to the plaintiff, failing which, the plaintiff shall be entitled to evict the defendant from the suit premises through the process of the Court.
3. Factual matrix giving rise to this revision is that plaintiff purchased the suit property by registered sale deed No. 11835 dated 13/14.12.1994 from Sri Krishnan Jaiswal, Advocate, Hazaribagh, thereby acquired absolute ownership, right, title, interest and possession over the property. It i
The court concluded that a landlord does not need formal attornment to establish a tenant's obligation after property transfer, emphasizing the need must be bona fide.
Transferee landlord can evict for personal necessity without attornment; unproven tenant-prior agreement to sell does not end tenancy; revisional court examines only legality, not reappreciates facts....
The court affirmed that a landlord must prove bona fide personal necessity for eviction, and failure to assert partial eviction undermines the tenant's defense.
The main legal point established in the judgment is the landlord's right to choose the premises for personal necessity and the onus of proving bonafide requirement, as well as the inability to satisf....
The landlord's assessment of personal necessity is paramount, and courts should not interfere unless findings are perverse or unsupported.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
